Jurisdiction(s):
United Kingdom

Civil jury trials in England and Wales: availability (fraud, malicious prosecution, false imprisonment), convenience exceptions, applications, procedure, verdicts and appeals in the High Court and County Court

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Practice notes

Civil claims are seldom heard by a jury. The statutory scheme for jury trial in civil proceedings appears in section 69 of the Senior Courts Act 1981 (SCA 1981) for High Court matters and section 66(1) of the County Courts Act 1984 (CCA 1984) for County Court matters. Under this regime, jury trial in civil cases is generally confined to disputes raising an allegation of fraud or to claims for malicious prosecution or false imprisonment. Nevertheless, even within those classes, the court may refuse a jury where specified statutory exceptions are engaged. This Practice Note examines when a civil claim (other than defamation) may proceed before a jury in the High Court or County Court. For guidance on defamation and jury trial in that setting, see Practice Note: Defamation. It remains an exceptional mode of trial in civil claims even to this day.

When is jury trial permitted in the High Court?

The King’s Bench Division of the High Court may direct a jury in defined situations set out in SCA 1981, s 69(1). That provision states that a case will be tried with a jury (subject to limited exceptions) if a party seeks a jury trial and the court...

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Web page updated on 22/05/2026

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